No provision of this chapter shall be construed
to limit or abridge the rights of any person to speak, peacefully
assemble and express opinions. It is the purpose of this chapter to
protect individuals from unreasonable intrusions caused by excessive,
unnecessary or unusually loud noises.
[Amended 8-15-2022 by Ord. No. 6522]
It shall be unlawful to make or cause to be made a noise disturbance
within the City. A noise disturbance shall include any or all of the
following:
A. A sound registered on a decibel meter from any source
not exempted or otherwise regulated by this chapter and which, when
measured anywhere off of the property of the sound source, is in excess
of the dB(A) established for the time period and zones listed below:
All residential zoned areas:
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7:00 a.m. until 10:00 p.m.
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65 dB(A)
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10:00 p.m. until 7:00 a.m.
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55 dB(A)
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Commercial, industrial zoned areas:
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7:00 a.m. until 10:00 p.m.
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75 dB(A)
|
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10:00 p.m. until 7:00 a.m.
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60 dB(A)
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When a noise source can be measured from more than one
zone, the permissible sound level of the more restrictive zone shall
govern.
B. The owning,
keeping or harboring of any animal that howls, barks or emits audible
sounds, without provocation of the complainant, that are unreasonably
loud or disturbing which are of such character, intensity and duration
as to disturb the peace and quiet of a reasonable person in the neighborhood
or to be detrimental to the life and health of any individual.
C. The operating
or occupancy of a vehicle, which is moving or stationary, standing
or parked, whether persons are seated in the vehicle or not, from
which any sound amplification or producing device or similar equipment
is creating a sound that is plainly audible at least 50 feet from
the source of the sound.
D. Penalties.
Upon a first conviction for a violation of this chapter, the court
shall assess a fine of no less than $50. Upon a second conviction,
the court shall assess a fine of no less than $150. Upon a third or
subsequent conviction, the court shall assess a fine of no less than
$250. Violation of this chapter shall be considered a Class C misdemeanor.
The requirements of this chapter shall not apply
to the following, provided that all equipment is in repair and operated
properly:
A. Emergency work necessary to restore property to a
safe condition or to protect a person and property from imminent danger;
D. Trash and waste pickup operations;
E. Noise resulting from activities of a temporary duration
planned by school, governmental or community groups;
G. Air conditioners and lawn care equipment;
H. Construction operations; and